HB 443

1	A bill to be entitled
2	An act relating to the Johnnie B. Byrd, Sr., Alzheimer's
3	Center and Research Institute; amending s. 1004.445, F.S.;
4	providing a mission statement for the research institute;
5	deleting the provision that requires the State Board of
6	Education to enter into an agreement for the use of the
7	facilities on the campus of the University of South
8	Florida; requiring a not-for-profit corporation to govern
9	and manage the research institute; authorizing the not-
10	for-profit corporation to create corporate subsidiaries
11	without the approval from the Board of Governors; revising
12	the membership of the board of directors of the not-for-
13	profit corporation; revising the terms of service for the
14	members of the board of directors of the not-for-profit
15	corporation; requiring that the board of directors,
16	instead of the Board of Governors, perform certain duties
17	without the approval of the Board of Governors; providing
18	that management letters in the annual audit report be
19	submitted to the Auditor General and not to the Board of
20	Governors; deleting the authority of the Board of
21	Governors to require and receive any data relative to the
22	operation of the not-for-profit corporation or subsidiary;
23	requiring that the board of directors appoint an advisory
24	panel for itself and the chief executive officer for
25	specific purposes; requiring that the board of directors,
26	not the Board of Governors, secure general liability
27	protection; conforming provisions to changes made by the
28	act; deleting the provision that prohibits the chief
29	executive officer from establishing academic programs for
30	which academic credit is awarded; requiring that the chief
31	executive officer appoint faculty and staff, not
32	representatives of the institute, to carry out certain
33	responsibilities of the research institute; providing that
34	such faculty and staff receive compensation, benefits, and
35	terms of service consistent with university policy;
36	deleting the chief executive officer's reporting
37	relationship to the Board of Governors; deleting the chief
38	executive officer's responsibility to submit an annual
39	operating budget to the Governor, Cabinet, the chair of
40	the Board of Governors, and the Legislature; abolishing
41	the council of scientific advisers created by the board of
42	directors; deleting the requirements for submitting
43	applications for Alzheimer's disease research funding;
44	deleting the statement that the not-for-profit corporation
45	and its subsidiaries are not agencies within the meaning
46	of s. 20.03, F.S.; specifying the sources of funding for
47	the institute; requiring that any appropriation to the
48	institute be expended for certain purposes; deleting the
49	requirement that an appropriation to the research
50	institute be paid directly to the board of directors;
51	deleting obsolete provisions; deleting provisions
52	providing for the expiration of the institute; providing
53	an effective date.
54
55	Be It Enacted by the Legislature of the State of Florida:
56
57	Section 1.  Section 1004.445, Florida Statutes, is amended
58	to read:
59	1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
60	Research Institute.--
61	(1)  The Johnnie B. Byrd, Sr., Alzheimer's Center and
62	Research Institute is established within at the University of
63	South Florida.
64	(2)  The research institute has a statewide mission to
65	advance research, education, treatment, prevention, and the
66	early detection of Alzheimer's disease and is responsible for
67	distributing competitive grant funds for Alzheimer's disease
68	research.
69	(3)(2)(a)  The State Board of Education shall enter into an
70	agreement for the utilization of the facilities on the campus of
71	the University of South Florida to be known as the Johnnie B.
72	Byrd, Sr., Alzheimer's Center and Research Institute, including
73	all furnishings, equipment, and other chattels used in the
74	operation of those facilities, with A Florida not-for-profit
75	corporation is created to act as an instrumentality of the state
76	organized solely for the sole purpose of managing governing and
77	operating the Johnnie B. Byrd, Sr., Alzheimer's Center and
78	Research Institute. This not-for-profit corporation, acting as
79	an instrumentality of the state, shall govern and operate the
80	Johnnie B. Byrd, Sr., Alzheimer's Center and Research Institute
81	in accordance with the terms of the agreement between the State
82	Board of Education and the not-for-profit corporation. The not-
83	for-profit corporation may, with the prior approval of the Board
84	of Governors, create either for-profit or not-for-profit
85	corporate subsidiaries, or both, to fulfill its mission. The
86	not-for-profit corporation and its subsidiaries may are
87	authorized to receive, hold, invest, and administer property and
88	any moneys acquired from private, local, state, and federal
89	sources, as well as technical and professional income generated
90	or derived from practice activities of the institute, for the
91	benefit of the institute and the fulfillment of its mission.
92	Effective July 1, 2007, the agreement authority provided to the
93	State Board of Education is transferred to the Board of
94	Governors.
95	(b)  The affairs of the not-for-profit corporation shall be
96	managed by a board of directors who shall serve without
97	compensation. The board of directors shall consist of seven
98	members. Four members shall be appointed by the chair of the
99	board of trustees the President of the University of South
100	Florida and three members shall be appointed as follows: the
101	chair of the Board of Governors, or their designees, five
102	representatives of the state universities, and nine
103	representatives of the public who are neither medical doctors
104	nor state employees. Each director who is a representative of a
105	state university or of the public shall be appointed to serve a
106	term of 3 years. The chair of the board of directors shall be
107	selected by a majority vote of the directors. Each director
108	shall have only one vote. Of the five university
109	representatives, one shall be appointed by the Governor, one two
110	by the President of the Senate, and one two by the Speaker of
111	the House of Representatives. Each member of the board of
112	directors shall be appointed to a 5-year term beginning July 1,
113	2009, and may be reappointed; and of the nine public
114	representatives, three shall be appointed by the Governor, three
115	by the President of the Senate, and three by the Speaker of the
116	House of Representatives. Any vacancy in office shall be filled
117	in the same manner as the original appointment. Any director may
118	be reappointed.
119	(4)(3)  The board of directors Governors shall provide in
120	the agreement with the not-for-profit corporation for the
121	following:
122	(a)  Approval by the Board of Governors of the articles of
123	incorporation of the not-for-profit corporation.
124	(b)  Approval by the Board of Governors of the articles of
125	incorporation of any not-for-profit corporate subsidiary created
126	by the not-for-profit corporation.
127	(c)  The use Utilization of lands, facilities, and
128	personnel by the not-for-profit corporation and its subsidiaries
129	for research, education, treatment, prevention, and the early
130	detection of Alzheimer's disease and for mutually approved
131	teaching and research programs conducted by the University of
132	South Florida or other accredited medical schools or research
133	institutes.
134	(d)  Preparation of an annual financial audit pursuant to
135	s. 11.45 of the not-for-profit corporation's accounts and the
136	accounts of any subsidiaries to be conducted by an independent
137	certified public accountant. The annual audit report shall
138	include management letters and shall be submitted to the Auditor
139	General and the Board of Governors for review. The Board of
140	Governors, the Auditor General, and the Office of Program Policy
141	Analysis and Government Accountability may shall have the
142	authority to require and receive from the not-for-profit
143	corporation and any subsidiaries, or from their independent
144	auditor, any detail or supplemental data relative to the
145	operation of the not-for-profit corporation or subsidiary.
146	(e)  Provision by the not-for-profit corporation and its
147	subsidiaries of equal employment opportunities for all persons
148	regardless of race, color, religion, gender, age, or national
149	origin.
150	(f)  The appointment of an advisory panel to the board of
151	directors and the chief executive officer for the purposes of
152	providing advice and advocacy in meeting the institute's
153	statewide mission, engaging community leaders and other
154	concerned members of the public in supporting the institute's
155	mission, raising public awareness of Alzheimer's disease, and
156	soliciting philanthropic support for the institute.
157	(5)(4)  The board of directors of the not-for-profit
158	corporation may Governors is authorized to secure comprehensive
159	general liability protection, including professional liability
160	protection, for the not-for-profit corporation and its
161	subsidiaries, pursuant to s. 1004.24. The not-for-profit
162	corporation and its subsidiaries shall be exempt from any
163	participation in any property insurance trust fund established
164	by law, including any property insurance trust fund established
165	pursuant to chapter 284, so long as the not-for-profit
166	corporation and its subsidiaries maintain property insurance
167	protection with comparable or greater coverage limits.
168	(5)  In the event that the agreement between the not-for-
169	profit corporation and the Board of Governors is terminated for
170	any reason, the Board of Governors shall assume governance and
171	operation of the facilities.
172	(6)  The institute shall be administered by a chief
173	executive officer, who shall be appointed by and serve at the
174	pleasure of the board of directors of the not-for-profit
175	corporation, and who shall exercise the following powers and
176	duties, subject to the approval of the board of directors:
177	(a)  The chief executive officer shall establish programs
178	that fulfill the mission of the institute in research,
179	education, treatment, prevention, and early detection of
180	Alzheimer's disease; however, the chief executive officer may
181	not establish academic programs for which academic credit is
182	awarded and which culminate in the conferring of a degree,
183	without prior approval of the Board of Governors.
184	(b)  The chief executive officer shall have control over
185	the budget and the moneys appropriated or donated to the
186	institute from private, local, state, and federal sources, as
187	well as technical and professional income generated or derived
188	from practice activities of the institute. However, professional
189	income generated by university faculty from practice activities
190	at the institute shall be shared between the institute and the
191	university as determined by the chief executive officer and the
192	appropriate university dean or vice president.
193	(c)  The chief executive officer shall appoint faculty and
194	staff representatives of the institute to carry out the
195	research, patient care, and educational activities of the
196	institute. This appointed faculty and staff shall receive and
197	establish the compensation, benefits, and terms of service that
198	are consistent with university policy of such representatives.
199	Representatives of the institute shall be eligible to hold
200	concurrent appointments at affiliated academic institutions.
201	University faculty shall be eligible to hold concurrent
202	appointments at the institute.
203	(d)  The chief executive officer shall have control over
204	the use and assignment of space and equipment within the
205	facilities.
206	(e)  The chief executive officer shall have the power to
207	create the administrative structure necessary to carry out the
208	mission of the institute.
209	(f)  The chief executive officer shall have a reporting
210	relationship to the Board of Governors or its designee.
211	(f)(g)  The chief executive officer shall provide a copy of
212	the institute's annual report to the Governor and Cabinet, the
213	President of the Senate, the Speaker of the House of
214	Representatives, and the chair of the Board of Governors. The
215	annual report shall describe the expenditure of all funds and
216	shall provide information regarding research that has been
217	conducted or funded by the institute center, as well as the
218	expected and actual results of such research.
219	(h)  By August 1 of each year, the chief executive officer
220	shall develop and submit to the Governor and Cabinet, the
221	President of the Senate, the Speaker of the House of
222	Representatives, and the chair of the Board of Governors an
223	annual operating budget detailing the planned use of state,
224	federal, and private funds for the fiscal year.
225	(7)  The board of directors of the not-for-profit
226	corporation shall create a council of scientific advisers to the
227	chief executive officer comprised of leading researchers,
228	physicians, and scientists. The council shall review programs
229	and recommend research priorities and initiatives to maximize
230	the state's investment in the institute. The members of the
231	council shall be appointed by the board of directors of the not-
232	for-profit corporation. Each member of the council shall be
233	appointed to serve a 2-year term and may be reappointed to the
234	council.
235	(8)(a)  Applications for Alzheimer's disease research
236	funding may be submitted from any university or established
237	research institute in the state. All qualified investigators in
238	the state, regardless of institutional affiliation, shall have
239	equal access and opportunity to compete for the research
240	funding. Grants shall be awarded by the board of directors of
241	the not-for-profit corporation on the basis of scientific merit,
242	as determined by an open, competitive peer review process that
243	ensures objectivity, consistency, and high quality. The
244	following types of applications shall be considered for funding:
245	1.  Investigator-initiated research grants.
246	2.  Institutional research grants.
247	3.  Collaborative research grants, including those that
248	advance the finding of cures through basic or applied research.
249	(b)  Preference may be given to grant proposals that foster
250	collaboration among institutions, researchers, and community
251	practitioners because these proposals support the advancement of
252	cures through basic or applied research, including clinical
253	trials involving Alzheimer's patients and related networks.
254	(c)  To ensure that all proposals for research funding are
255	appropriate and are evaluated fairly on the basis of scientific
256	merit, the board of directors of the not-for-profit corporation,
257	in consultation with the council of scientific advisors, shall
258	appoint a peer review panel of independent, scientifically
259	qualified individuals to review the scientific content of each
260	proposal and establish its scientific priority score. The
261	priority scores shall be forwarded to the council and must be
262	considered by the board of directors of the not-for-profit
263	corporation in determining which proposals shall be recommended
264	for funding.
265	(d)  The council of scientific advisors and the peer review
266	panel shall establish and follow rigorous guidelines for ethical
267	conduct and adhere to a strict policy with regard to conflict of
268	interest. All employees, members of the board of directors, and
269	affiliates of the not-for-profit corporation shall follow the
270	same rigorous guidelines for ethical conduct and shall adhere to
271	the same strict policy with regard to conflict of interest. A
272	member of the council or panel may not participate in any
273	discussion or decision with respect to a research proposal by
274	any firm, entity, or agency with which the member is associated
275	as a member of the governing body or as an employee or with
276	which the member has entered into a contractual arrangement.
277	Meetings of the council and the peer review panels are subject
278	to chapter 119, s. 286.011, and s. 24, Art. I of the State
279	Constitution.
280	(9)  In carrying out the provisions of this section, the
281	not-for-profit corporation and its subsidiaries are not agencies
282	within the meaning of s. 20.03(11).
283	(7)(10)  The following information is confidential and
284	exempt from s. 119.07(1) and s. 24, Art. I of the State
285	Constitution:
286	(a)  Personal identifying information relating to clients
287	of programs created or funded through the Johnnie B. Byrd, Sr.,
288	Alzheimer's Center and Research Institute that is held by the
289	institute, the University of South Florida, the Board of
290	Governors, or the State Board of Education;
291	(b)  Medical or health records relating to patients held by
292	the institute;
293	(c)  Materials that relate to methods of manufacture or
294	production, potential trade secrets, potentially patentable
295	material, actual trade secrets as defined in s. 688.002, or
296	proprietary information received, generated, ascertained, or
297	discovered during the course of research conducted by or through
298	the institute and business transactions resulting from such
299	research;
300	(d)  The personal identifying information of a donor or
301	prospective donor to the institute who wishes to remain
302	anonymous; and
303	(e)  Any information received by the institute from a
304	person from another state or nation or the Federal Government
305	that is otherwise confidential or exempt pursuant to the laws of
306	that state or nation or pursuant to federal law.
307
308	Any governmental entity that demonstrates a need to access such
309	confidential and exempt information in order to perform its
310	duties and responsibilities shall have access to such
311	information.
312	(8)  The institute's budget shall include the moneys
313	appropriated in the General Appropriations Act, donated, or
314	otherwise provided to the institute from private, local, state,
315	and federal sources as well as technical and professional income
316	generated or derived from practice activities at the institute.
317	Any appropriation to the institute shall be expended for the
318	purposes specified in this section, including conducting and
319	supporting research and related clinical services, awarding
320	institutional grants and investigator-initiated research grants
321	to other persons within the state through a competitive process,
322	developing and operating integrated data projects, providing
323	assistance to the memory disorder clinics established in s.
324	430.502, and providing for the operation of the institute.
325	(11)  Any appropriation to the institute provided in a
326	general appropriations act shall be paid directly to the board
327	of directors of the not-for-profit corporation by warrant drawn
328	by the Chief Financial Officer from the State Treasury.
329	(12)  By June 1, 2009, the Division of Statutory Revision
330	of the Office of Legislative Services shall certify to the
331	President of the Senate and the Speaker of the House of
332	Representatives the language and statutory citation of this
333	section, which is scheduled to expire January 1, 2011.
334	(13)  The Legislature shall review the performance, the
335	outcomes, and the financial management of the Johnnie B. Byrd,
336	Sr., Alzheimer's Center and Research Institute during the 2010
337	Regular Session of the Legislature and shall determine the most
338	appropriate funding source and means of funding the center and
339	institute based on its review.
340	(14)  This section expires January 1, 2011, unless reviewed
341	and reenacted by the Legislature before that date.
342	Section 2.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.